MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

B.A.LL.B.(Hons.) Year-II Semester-III: Academic Year: 2020-2021

First Open Book Assessment, August-2020
3.3 Family Law-I

Total Marks: Thirty (30)

Instructions:
1. Read the questions carefully and answer.
2. No clarification shall be sought on the question paper.
3. Use the Answer File Template sent by Examination Section and fill the necessary
information.
4. Answer File Nomenclature: UID and Course Name (For Example- UID: UG2019-
01 and Course: 1.1 Legal Methods, Answer File Nomenclature: 2019-
01Legalmethods).
5. Use of open resource(s) to answer the question(s) is permitted.
6. Email the answers in MS Word File to the respective course teacher/s on or before 2:00
pm, September 6, 2020 (Sunday), without fail.

Note: Attempt any THREE (3) questions. All questions carry equal marks.

1. Mr. Anant, a male Hindu, 30-year of age, resident of Vijay Nagar, Indore was married to
Ms. Shubhra, a female Hindu of 29-year of age, resident of Khajrana, Indore as per the
Hindu customary rites and ceremonies at Celebrity Hall, Vijay Nagar, Indore on July 22,
2018. Ms. Shubhra was Mr. Anant’s mother’s brother’s daughter’s daughter. Due to the
difference in standard of living of Mr. Anant and Ms. Shubhra, Mr. Anant was unhappy
in his marriage. Mr. Anant befriended Ms. Naira, a female Hindu of 19-year of age,
resident of M.G. Road, Indore on an instant messaging application- ‘Friendsapp’ on
September 2, 2018. Mr. Anant and Ms. Naira used to talk for hours, wherein Mr. Anant
told Ms. Naira how miserable his relationship was with Ms. Shubhra. Ms. Naira and Mr.
Anant eventually developed feelings for each other and fell in love. On December 24,
2018, Ms. Shubhra accidentally came to know the love-relationship of Mr. Anant with
Ms. Naira. Mr. Anant tried to convince Ms. Shubhra that they should dissolve their
marriage. However, Ms. Shubhra told Mr. Anant that he should consider their marriage as
null and void and he should not impose any marital obligations. Hence, Ms. Shubhra filed
an application in the city civil court, Indore on February 2, 2019, seeking permission that
Mr. Anant should be permitted to marry Ms. Naira. During the pendency of the matter, on
March 11, 2019, Mr. Anant and Ms. Naira got married at Arya Samaj Temple, Indore in
the presence of Ms. Shubhra, their family members, relatives and friends. On March 25,
2019, Ms. Shubhra realised that she has committed a grave mistake by allowing Mr.
Anant to marry Ms. Naira, and immediately filed a criminal complaint for the offence of
bigamy in the Police Station, Khajrana, Indore. On the other hand, Mr. Anant alleged that
he married Ms. Naira with Ms. Shubhra’s consent and therefore, he should not be
prosecuted for the offence of bigamy.
Based on the above facts, decide whether the marriage between Mr. Anant and Ms.
Naira is valid? If so, does it violate monogamy as a law of marriage among Hindus?
Support your answer with the help of relevant statutory provisions and judicial
pronouncements. 10 Marks

2. Custom plays a pivotal role under Hindu personal law which provides recognition to
certain practices prevalent within a tribe, community, caste or a family. The present

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 statutory laws of Hindus also preserve the validity of customs to a certain extent.
However, custom may lessen the uniformity required for personal laws due to its
variance.
In the light of the above statement, explain the significance of custom as a source of
Hindu law along with the proof of establishment of a custom. 10 Marks

3. Mr. Rehan, a Sunni male Muslim of 35-year of age, resident of Magenta Heights Society,
Juhu, Mumbai wanted to marry Ms. Kajol, a female Hindu of 37-year of age who was
also residing in the same society. Mr. Rehan and Ms. Kajol’s wish to marry was not
approved by their parents; and hence, they married on January 8, 2000 in the presence of
a Qazi and Mr. Rehan’s two friends. Mr. Rehan and Ms. Kajol had a clause in the
Nikahnama that “they will not keep any contact with either of their close family members
and relatives due to the mental trauma which they had suffered on grounds of opposition
to their marriage.” On August 8, 2004, Mr. Rehan told Ms. Kajol that he cannot continue
in their marriage with Ms. Kajol as she has not converted to Islam in spite of his
insistence for the same. Ms. Kajol was reluctant for conversion and also has major issues
of compatibility with Mr. Rehan; and hence, she told him that she needed some time to
ponder about their issues in marriage. But, Mr. Rehan decided to marry Ms. Dimple, a
female Hindu of 30-year age, resident of Opus-77 Society, Juhu, Mumbai who was
working in the same company of Mr. Rehan. Ms. Dimple converted to Islam on
November 11, 2005 because of her love for Mr. Rehan and renamed herself as Ms. Sadaf.
On December 20, 2005, Mr. Rehan and Ms. Sadaf married in Shehnai Gadens, Andheri,
Mumbai in the presence of a Qazi, and their friends and thereafter Mr. Rehan started
living with Ms. Sadaf in her society. On September 23, 2006, Mr. Rehan while going
through the photo albums of Ms. Sadaf, he saw several pictures of Ms. Sadaf and Ms.
Kajol from their college days and with their parents as well. He was astonished by this
and confronted the same to Ms. Sadaf and found out that Ms. Sadaf and Ms. Kajol are
consanguine sisters. Ms. Sadaf told Mr. Rehan that she did not have cordial relation with
her sister and the parents; and therefore, she did not reveal the same to him. He felt
dejected and cheated by Ms. Sadaf and left the house in rage. On October 2, 2006, Ms.
Kashaf filed a petition in the city civil court, Mumbai against Mr. Rehan alleging that her
marriage with Mr. Rehan is valid as per law.
Based on the above facts, decide the nature and validity of marriage of Mr. Rehan
with Ms. Kajol, and marriage of Mr. Rehan with Ms. Sadaf. Also, suggest the
measures which can be taken by Ms. Kajol and Ms. Sadaf against Mr. Rehan to
prove their marriages in this case. Answer with the help of Muslim personal law and
relevant judicial pronouncements. 10 Marks

4. Ms. Sunaina, a female Hindu of 28-year of age was in a live-in relationship with Mr. Jitu,
a male Hindu of 26-year of age who were residing at Amrut Society, Dwarka, Delhi since
May 19, 2011. They also entered into a registered agreement dated May 21, 2011 for a 2-
BHK flat in the said Society for a period of three years. Ms. Sunaina and Mr. Jitu were
working in a multinational company located at Sector 42, Greater Noida, U.P. Ms.
Sunaina gave birth to a female child on September 5, 2013. By this time, Ms. Sunaina
was convinced and wanted to marry Mr. Jitu, especially after the birth of their child;
hence, requested Mr. Jitu for the same. However, Mr. Jitu refused to marry and to take the
responsibility of Ms. Sunaina and their child- Rubaila and decided to opt out of their
relationship. On October 26, 2014, Mr. Jitu married Ms. Neelam, a female Hindu of 25-
year old, resident of Madhav Nagar, Agra, U.P. with Hindu customary rites and
ceremonies on the insistence of his parents. Mr. Jitu and Ms. Neelam had serious fights
after one month of their marriage. On March 11, 2015, Mr. Jitu filed a petition in city

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 civil court, Greater Noida seeking a declaration for annulment of his marriage with Ms.
Neelam on the grounds that-
(i) Ms. Neelam constantly refused cohabitation to Mr. Jitu.
(ii) Ms. Neelam was calling names of dead people on the night of their marriage.
(iii) Ms. Neelam had an acute temperamental issue due to which she threatened people.
On March 29, 2015, Ms. Neelam filed a counter petition alleging that her marriage is void
but on different ground as he (Jitu) was already in a marriage like relationship with Ms.
Sunaina and has a female child from the relationship. Further, she alleged that Mr. Jitu
has filed a petition on the false allegations of her disturbing behavior and non-cooperation
towards him, his friends and the parents.
Based on the above facts, you are required to prepare arguments for both (Mr. Jitu
and Ms. Neelam) and support your arguments with relevant provisions relating to
Hindu marriage and judicial pronouncements. 10 Marks

5. India is a museum of diverse religions, cultures, races, languages and communities in

which marriage as a social institution has a distinct significance. Marriage, traditionally
for Hindus, is an essential Samskara and for Muslims, marriage (Nikah) is a contract. The
object of marriage is to legalize sexual intercourse and to legitimize progeny.
Contemporary Indian society influenced by many factors has brought about
transformation in law relating to marriage from tradition to modernity. This paradigm
shift has given place to a new set of values, and generation of new concepts like liberty,
equality, economic independence and individualism which is seriously affecting
traditional institution of marriage.
(a) Based on the above statement, comment on the retention and recognition of
Shastric and other traditional practices and beliefs under the present law of
marriage.
(b) Also, provide your arguments for either FOR or AGAINST the choice based
marriage in a contemporary Indian society. 5x2= 10 Marks

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(Only For Private Circulation)

(Students are advised not to consult faculty members/outsiders or any other person regarding
the questions and follow strict professional values)

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